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Lynch challenges constitutionality of Deepwater law 

Credit:  NBC 10 News, www2.turnto10.com 22 November 2010 ~~

Attorney General Patrick Lynch said Monday that he has filed a brief in state Supreme Court challenging the constitutionality of a law that ultimately gave Deepwater Wind an exclusive contract to build a wind farm off the coast of Rhode Island.

Lynch said the law was a violation of separation of powers.

The state Public Utilities Commission in March rejected Deepwater’s proposal to sell power from a demonstration wind farm.

The General Assembly passed a law over the summer requiring the PUC to review the decision. The law also named Deepwater Wind as the applicant.

“When a legislature attempts to give a single failed applicant a customized privilege to re-apply to the tribunal after a final decision, such legislation amounts to an attempt at re-determination of the result in a particular already-concluded case—a violation of separation-of-powers,” the brief says.

The PUC in August approved Deepwater Wind’s power purchase agreement with National Grid.

Gov. Don Carcieri has backed the Deepwater project as a source of new jobs and a new industry for Rhode Island.

Source:  NBC 10 News, www2.turnto10.com 22 November 2010

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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